Battery Offence Solicitors | Assault and Battery Lawyers
Expert solicitors in representing clients facing investigation or prosecution for a Battery offence (Section 39 Criminal Justice Act 1988)
The Criminal Offence of Battery is contained within Section 39 of the Criminal Justice Act 1988. This offence is committed when a person intentionally or recklessly applies unlawful force to another person. The Courts often refer to this offence as an ‘assault by beating’.
If you have been asked to attend a Voluntary Police Interview Under Caution (PACE Interview) or have been charged with Section 39 assault by beating’ you should seek expert legal advice as soon as possible.
At Kang & Co Solicitors, we have a specialist team of highly experienced Private Funded Criminal Defence Solicitors and Barristers, that can advise and defend your case. Helping you to obtain the best possible outcome.
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Our law firm is ranked amongst the top tier of law firms in the United Kingdom with a Band A ranking in the category of Crime (which includes Driving Offence), the highest ranking that can achieved in the Chambers Guide.
The Legal 500 guide describes Kang & Co Solicitors as being “well adept at tailoring its resources to an individual case and investing heavily for the client. Legal advice is honest and the team always takes into consideration the views of the client.”
What is Battery or Assault by Beating?
(Section 39 of the Criminal Justice Act 1988)
A person could face a charge of assault by beating (Battery) if they apply unlawful force to another person. Whether a person will face a charge of Common Assault, or Assault by Beating will depend upon the individual circumstances of the allegation however, both offences are closely interconnected.
Elements of Assault by Beating:
- The act: The application of unlawful force against another. This can be the smallest application of force.
- The intent: A person accused of ‘Section 39 Battery’ must intend the application of force or be reckless. Recklessness in criminal law is the taking of an unjustified risk by an accused who should have foreseen their actions would likely result in force being applied to another.
Some examples of this Criminal Offence may include pushing, punching another person and spitting
If you plead guilty to battery, or are found guilty following a Trial, this offence will result in a criminal conviction being recorded against your name, which could ultimately result in difficulties in securing employment in the future or difficulties with your regulator, if you are a regulated professional such as an accountant, teacher or medical professional.
Private Funded Criminal Defence Solicitors
s a Specialist Private-Funded Law Firm, we frequently advise and represent clients on a private fee-paying basis for assault by beating. Our lawyers can be appointed either on an hourly rate or on an ‘Agreed Fee’. If you would like further details on the costs of appointing us to advise and represent you for Battery, please complete our Contact Form above or call us on 0345 222 9955.
By appointing Kang & Co Solicitors, you will benefit from:
- Clear and transparent legal fees
- Competitively priced fees
- Specialist Solicitors & Barristers working on your case
- A detailed analysis of the evidence relied upon by the Prosecution
- Clear jargon-free legal advice from an experienced Criminal Defence Solicitor or Barrister
- Unparalleled advocacy in the Magistrates’ or Crown Court
- A highly experienced and skilled Barrister
- Expert advice on matters such as an abuse of process argument
- Preparation of documentary and other evidence to support your defence case
- An experienced defence team that shall conduct negotiated settlements with prosecuting authorities, where applicable
- Regular case updates
- Regular case meetings in person
- Representation at Trial (if instructed)
AGREED FEE CRIMINAL LAWYERS
Our Agreed Fees for Private Crime cases start from;
£2,000 + VAT
What Sentence Can You Get?
If a person charged with Battery pleads guilty to the offence at Court, or is found guilty following a Trial, it will result in a criminal conviction being recorded against their name (Criminal Record). The repercussions of a criminal conviction are individual however, if the person is a professional, it may result in dismissal from work, a tarnished reputation and difficulties in securing employment in the future therefore, specialist legal advice should be sought as soon as possible.
Section 39 Battery is a ‘Summary Only’ offence, which means that the case is only heard before a Magistrates’ Court.
The Magistrates’ Court has the power to impose a fine of an unlimited amount, a community order or a custodial sentence (prison sentence) of up to 6 months.
|Offence Category||Starting Point (Applicable to all offenders)||Catergory Range (Applicable to all offenders)|
|Category 1||High Level Community Order||Low Level Community Order – 26 weeks custody|
|Category 2||Medium Level Community Order||Bang A Fine – High Level Community Order|
|Category 3||Band A Fine||Discharge – Band C Fine|
When imposing a sentence, the Court will refer to the ‘Magistrates’ Sentencing Guidelines for Battery and will consider the individual circumstances of the case to establish the appropriate sentencing category the offence falls within.
Paying Privately for Legal Representation
We have been covering only private client criminal cases for many years and the benefits to our clients are clear. Our clients receive a much higher level of legal expertise and attention, because they are funding their cases privately. This enables us to dedicate more time in preparing the case, compared with firms that may also offer legal aid. Legal aid lawyers (Duty Solicitors) are often over-worked and are covering more cases than they should, as the nature of their work is not as profitable, and this can result in your case not receiving the time and attention it deserves.
Our private client solicitors are specialists in their field, have significant experience and will have dealt with other cases like yours in the past and will know the best strategies to achieve a not guilty verdict.
Why Kang & Co Solicitors?
- Specialist Crime Lawyers
- Top Ranked Criminal Defence Law firm from Chambers & Partners & The Legal 500
- 5 Star Rated Law Firm on TrustPilot, Google Reviews and Yell.
- Fixed Fee Law firm so you know exactly what you are paying for our service
There are several defences available to individuals charged with this criminal offence which include consent, lawful sport and self-defence. If you believe you have a defence available, you should seek expert legal advice as soon as possible.
Self-defence is a common defence raised in assult by beating cases. The Defendant can raise that they were acting to defend themselves, another person or property. If self-defence is to be successful at trial, the use of force must be reasonable and proportionate in the circumstances and a Court will take into consideration the degree of force used.
If Self Defence is raised in relation to a prosecution for this criminal offence, a person may use such force as is reasonable in the circumstances.
In assessing the reasonableness of the force used, the Court will take into consideration whether the use of force was necessary in the circumstances, and whether the force used was reasonable in the circumstances.
There is no rule in law to say that a person must wait to be struck first before they may defend themselves
We represent the full range of clients from ordinary people, through to high-net worth individuals, business owners, sports personalities and actors. We are instructed by individuals that are in a financial position to pay privately for legal representation and those that appreciate the benefits of doing this, as opposed to using public funding.
We have significant experience in successfully defending:
What our Clients Say
“Excellent service from beginning to the conclusion. A realistic view and opinion regarding the case. Knowledgeable and experienced team. Kept us up to date with the progress and pursued any delay caused by the other party swiftly. Case preparations were spot on. Barrister Mr Shoker and solicitor Mr Manjinder Kang made an excellent team for our case. Expensive but Would highly recommend, a true professional company. Saved my job. A big Thank You to Manjinder and Mr Shoker, a great team.” – Pras
“Highly recommend Carla Riozzi, strictly professional and really helped me when I had a legal issue that needed sorting, nothing was too much trouble and will be strongly recommending to all friends and family with any issues they may occur in the future.” – James
Kang Solicitors were EXCELLENT & couldn’t have wished for a better result. I would HIGHLY recommend this company to everyone. Thank you, Kang & Co Solicitors, for doing such a wonderful job for me. – Caz
“I highly recommend Kang & Co Solicitors. From the outset communication was excellent. Manjinder Kang was very professional, polite and showed the highest level of integrity throughout the process. Thank you for the representation in court, which was a must.” – Jane
“The service was great. I love the fact it’s very personal and they truly dedicate their time for you.
The service was great. They reply back to you straight away you don’t wait for days for a really or information back. Definitely recommended and I will be using them again in the future If needed.” – M. John
What is a Criminal Trial?
A ‘Criminal Trial’ is a contested Court hearing. Trials will take place if there is an allegation against an individual, and that individual denies the allegation made against them, such matters will usually progress to a ‘trial’ because the allegation is not accepted by the defendant. Pleading not guilty to Battery will result in the case being adjourned for a Magistrate’s Court Trial to take place.
As an example, a person (the Defendant) is charged with assault by beating however, the allegation is untrue or there might be a defence available, for example self-defence in such circumstances the defendant may wish to enter a ‘not guilty’ at the First Court Hearing and challenge the prosecution case.
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